When entering a haunted house, you may have a natural fear of jump scares, disturbing props/decorations, etc. lurking in every corner. But this is understandable, as this is all part of its thrill factor. But you should not be truly fearful of getting injured while participating in the attraction. The bottom line is that these premises should be safe for visitors to enter. Continue reading to learn what proof you need of your haunted house accident and how one of the experienced Howard County slip and fall accident attorneys at Lloyd J. Eisenberg & Associates can help you collect it.
What defenses might a haunted house owner take?
Say, for instance, that you decide to pursue legal action against a haunted house owner after being made a victim of an accident. Well, it may not be easy to be granted a financial award for the injuries and damages you incurred. This is because the owner and their legal team may do everything in their power to defend against your claim.
For one, the owner may defend that you signed a waiver before entering the attraction. Therefore, they may claim that you gave up your rights to file a lawsuit in the first place. Secondly, the owner may defend that they disclosed warnings before the entrance of the attraction. Therefore, they may claim that they cannot be held responsible for your failure to heed these warnings.
What proof do I need to have for my haunted house accident claim?
If you signed a liability waiver or noticed posted warnings at the haunted house, you may be discouraged from following through with your accident claim. However, there are still ways in which you may counter the defendant’s arguments.
For example, a liability waiver may just cover potential dangers that are part of the innate nature of the attraction. That is, it may bar you from claiming dim lighting as the catalyst for your accident, as this lighting goes along the attraction’s scary theming. However, the waiver does not say that you cannot blame the owner’s negligence. More specifically, you may still claim that the negligent owner failed to promptly clear the premises from potential safety hazards (i.e., loose floorboards, unfastened overhead props, malfunctioning moving rides, etc.), which ultimately led to your accident.
In addition, a posted warning may just be to warn individuals with pre-existing health conditions from visiting the attraction. So, if your accident was not due to your medical history (i.e., heart or respiratory issues, epilepsy diagnosis, pregnancy status, etc.), but rather due to the negligence of the owner, then you may proceed forward.
Regarding your claim, there is no time like the present to get started. So please reach out to a skilled Howard County personal injury attorney from Lloyd J. Eisenberg & Associates at your earliest possible convenience.